RULING OF THE COURT
The application fails on merit as it has not been shown as it must in an application of this sort, that if it is not granted the applicant's intended appeal if successful would be nugatory. The dispute between the parties arises out of the applicant's allegation that the respondent has wrongfully terminated his contract to run the petrol station of the respondent. This contract provides which is for a stated period provides for its termination and the damages which the applicant will suffer if it is shown that the respondent had wrongfully terminated the contract, can be easily assessed.
In the result the application must be dismissed with costs.
It is so ordered.
Dated and delivered at Nairobi this 10th day of November, 1997.
R. S. C. OMOLO
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JUDGE OF APPEAL
A. M. AKIWUMI
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JUDGE OF APPEAL
G. S. PALL
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JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.